How Soon Must I Build My Sukkah: A Teshuva by The Avnei Nezer

by Rabbi Avram Schwartz

Translation by Rabbi Avi Schwartz, introduction by Rabbi Dov Linzer

Rabbi Avraham Bornsztain (1838-1910) was the first Sochatchover Rebbe. He was a leading posek of the 19th century. His responsa, Sheilot U’teshuvot Avnei Nezer cover all 4 sections of Shulhan Arukh. A student of the Kotzker Rebbe, his Eglei Tal is a model of conceptual thinking and remains a critically important work on the laws of Shabbat.

This teshuva (no. 459) deals with the implications of the well-known custom to begin building the Sukkah immediately after the end of Yom Kippur. In general, we are supposed to show alacrity in the performance of mitzvot, and, in particular, the building of the sukkah immediately after Yom Kippur is a way of demonstrating that we are turning our prayers and words into actions. Rabbi Bornsztain argues that when Shabbat intervenes between Yom Kippur and Sukkot, as it does this year, one is required as an actual matter of halakhah to build the sukkah before Shabbat. To not do so would be, in his opinion, a violation of not “passing over” or – to borrow some Passover imagery – not “leavening” a mitzvah.

One question he deals with is whether the building of a sukkah is considered to be an actual mitzvah. The core question, however, is as follows: Is there a time when we are considered to be so confronted by the mitzvah of building a sukkah, that the postponing of it would be considered not just lack of zeal or eagerness, but a real ignoring of our obligations? His answer is in the affirmative.

While few poskim adopt his position as a matter of halakha, this teshuvah gives us an opportunity to reflect on how we are setting our priorities for this coming year: what should we be doing now, and what should we be putting off until later? And when are we pushing something off – whether it be a ritual mitzvah, or something interpersonal, like a conversation that we should be having with a parent, child or spouse – that we really know we need to be doing now? May this coming year be one in which we always show alacrity in our service of God and doing of mitzvot, and in which we give our full attention to those who demand and deserve it.

I received your letter over Hol Hamoed, responding extensively to my idea that when Shabbat falls between Yom Kippur and Sukkot, one is obligated to build the sukkah before Shabbat. This is because we “don’t pass over mitzvot,” and since Shabbat is between the two holidays, and one may not build the sukkah on Shabbat. Before Shabbat and after Shabbat are thus two distinct time periods, and moving from one to the other [without having built the sukkah] is considering “passing over a mitzvah.”…

In truth, according to the Rema (end of OH 652) it is considered “leavening” the mitzvah when there is any delay, even if Shabbat does not intervene. Now the principle that one may not pass over mitzvot is learned from the verse, “You shall guard the matzot” – don’t read “matzot” but rather “mitzvot.” If a mitzvah that comes to your hand, do not leaven it. (see Rashi, Yoma 33a, Megillah 6b). Similarly, Rosh writes (Hilkhot Pidyon Haben 1) that one should do a pidyon ha’ben immediately on the 31st day, so as not to “leaven” the mitzvah. In my humble opinion, this is only a stringency in the cases they address, but the case I address, where Shabbat falls between [Yom Kippur and Sukkat], it is required as a matter of halakha…

The Maharil (Minhagim, Sukkah, 1) wrote that one should build their Sukkah immediately after Yom Kippur even if that is Erev Shabbat (Thursday night)… I understand this to be saying that it is obvious that if motzei Yom Kippur falls out in the middle of the week that one should build a sukkah immediately, so that he may go from strength to strength, and because of the principle that “the zealous do mitzvot early.” However, if motzei Yom Kippur is on Erev Shabbat, when one must also prepare for Shabbat, [I might have thought that one can wait until after Shabbat].… Maharil teaches that nevertheless one must build the Sukkah immediately and not delay, for as Shabbat splits the period of time, it is considered as if one has “leavened” the mitzvah. Now, as a matter of strict law, such a person is exempt from building a sukkah, since he is already involved in the mitzvah of preparing for Shabbat before Sukkot. Nevertheless, the Maharil taught that one should push himself to do both of these. This year, in which Yom Kippur ends on a Wednesday night, there is thus an absolute obligation to build the Sukkah on Thursday…

You wrote that the making of the sukkah is not a mitzvah at all… since a sukkah made even by non-Jews, and not for the sake of the mitzvah is kosher for use (Sukkah 8b). From this we see that the act of building sukkah is not a mitzvah. Certainly, from a logical perspective, it would seem that this is correct. But the Mishnah in Shavuot (29a) states: “If one takes an oath to negate a mitzvah, such as to not make a sukkah.” [It is thus clear that the building of a sukkah is a mitzvah.]…

You asked why the period after Yom Kippur has special status, and why should we not say that this obligation begins 30 days before the holiday [which is when the earliest preparations usually began]. This is not a real objection, for the period of 30 days has no essential character of its own — it is just the period close to the holiday. The obligation [to prepare for the holiday] increases as the holidays gets closer, and so too the [value of] the mitzvah… One who waits to build a sukkah until it is close to Sukkot, and especially after Yom Kippur, does not “pass over the mitzvah” by waiting until that time. But the period of time after Yom Kippur is a different matter: It is explained in the midrashim that the mitzvah of lulav is tied to the forgiveness of sins on Yom Kippur. The same is said about the mitzvah of sukkah in the Zohar in a number of places…thus the obligation to build a sukkah comes into effect by its own right at the end of Yom Kippur, and thus the problem of “passing over” certainly does apply.

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About Rabbi Avram Schwartz

Rabbi Avram Schwartz learned at Yeshivat Hahesder Yerucham in Israel and received semikha from Yeshivat Chovevei Torah Rabbinical School in 2017. He and his wife Britany live in Richmond, VA.